northeast. that could wreak all kinds of havoc be to remember lester about hurricane coming and everyone repaired and it did not come into the area in manhattan where was the poster. you are wonderful people are comfortable us what this becomes. jon: thank you for joining us today. jenna: "america live" starts right now. megyn: election alert for you and what looks like the campaign is digging in on a message to voters. a dramatic race for the white house. welcome to "america live", i am megyn kelly. taking a look at the front page of today's "des moines register." a split page showing governor romney on the right, president obama on the left. look at the different messaging there. the headline very specific. >> in the final weeks of this election, he is counting on you

for getting that his policies are not going to work. he is hoping you won't remember and he will come down with a case of what we call "rom-nesia." [cheers] [applause] megyn: so what does this mean in the final days? chris stirewalt is host of "power play" and a fox news correspondent. what do you think? the headline on the "des moines register" says a lot. reporter: the president took a huge risk on running an intensely negative campaign as an incumbent gray that. that is generally not one incumbent presidents do. they made a decision over six or seven months as to what has been shorthanded as the kill romney strategy. it works to some good effect and then romney had the first debate. he was different than what had

been prescribed in the ads and he started to rise. now you see the president with no choice but to intensify those attacks and intensify the effort to try to kill romney in the closing days of the campaign. megyn: there is a columnist in "the new york times" that says obama's aura of defeat. apparently it was a right wing guy. i don't apologize his last name. reporter: he will definitely take the mention. megyn: he writes losing campaigns, they go negative heart greatly try out new messaging very late in the game. they hype issues, but only once or reporters are focused on. they tried to turn a minor slip ups into massive stimulus. he talks about how in his view, that characterizes what we are seeing from team obama. is that fair? reporter: it is a fair comparison to what he made in 2008 with john mccain. you saw john mccain, the

election had slipped out of his grasp. he was trying everything. he was throwing the kitchen sink at barack obama. he stayed positive and cheerful and cool and people thought this guy looks like the president. he looks like he's calm and under control. mccain was trying everything that he could change the discussion in the closing weeks of the election. you can try it and you can do it. the closer they get to the end, the more the whiff of desperation that stuff takes on. mitt romney is projecting a presidential prowess. he is out there acting like he is the president and is going to be the president. where is the incumbent has taken on the role of attack. megyn: talk about at is visits colorado, the tone was interesting.

it is unusual to hear a president engaged in negative tone. reporter: we were waiting and waiting for the president to make his hitherto positivity. we were waiting and that is what we were told by democrats that we would see. in fact, because the polls.for the president president and ronnie stathey apparently had ad that. to have an incumbent use this kind of mocking attack language and to be out there and do that from a little of it is find them is to be expected. they call it silly season for a reason. but when you get to the end and you start talking about this stuff, everyone is expecting the president to make a positive closing argument. megyn: all of that as we get word from a magazine june the president gave an interview that the president, in referring to his opponent, calls him a

"bs-er." there is a question about whether that, too, what is really going on here. why would the president be speaking that way about someone he has described as a good man. someone clearly has the support of about half the country. >> welcome the president said before, he told brian williams that sure, they disagree. there is not a close personal relationship there, but yes, he thinks that mitt romney is a good man and all that stuff. here is where the trouble is great for democrats from the president not only picked a strategy that was an attack strategy, but beyond that, the other thing he did was personally dislikes romney based on reporting that we saw from political and other organizations. the president has contempt for romney. and that creates an overblown attack and it does not sound forceful and presidential.

it sounds angry. >> in the course of the campaign, we have seen a lot thrown. the narrative has been out at you, then romney may be a felon. he may have killed a woman. he is a liar and now he is full of bull. so that is the messaging. again, the "des moines register" says obama sharpens criticism and talks about the blistering attacks he is unleashing on the campaign trail. compared with more optimistic ronnie. you're going to talk about that next hour. we just mentioned the rolling stone interview. the one where he called governor romney a "bs-er." we'll talk about that, not so much whether it is appropriate,

you can make that decision for yourself, but whether it tells us something about where these men believe that they are based on their own internal polls in this race. in the meantime from the president is hitting the campaign trail today. he is in richmond, virginia. they are not conceding virginia. we will monitor his remarks you can watch his the speech stream live on fox news.com. governor romney focusing his energy on the critical swing state of ohio. no republicans ever won the white house without it. at best, he has been tied in the polls in ohio. he is trying to focus on that one. he was in cincinnati this morning. he is in the small town of defiance. that's a very cool name. governor romney telling crowds that his debates have supercharged his campaign in a while he says the president's campaign is shrinking. >> this campaign gets smaller and smaller, focused on smaller things. our campaign is about big things. because we happen to believe

that america faces big challenges. we recognize that this is the year with a big choice and that americans want to see big changes. and i'm going to bring it to this country. [cheers] [applause] megyn: what was easily the biggest rally of the romney campaign on tuesday, a capacity crowd as many as 10,000 packed into the redrock theatre in colorado. many were turned away because of lack of space. check it out. ♪ ♪ [cheers] [applause] ♪ ♪ megyn: colorado also very important to team romney's strategy. the romney camp says these crowds are a very positive sign from especially in the swing states that are critical, to winning the election. coming up, we will have a close

look to the past to the white house for mitt romney, whose map is much more difficult than the president coming given the way that the electoral college works. we will talk about how it can be done. plus, we have new developments today in a growing case of voter suppression, as the state registration form wins on the doorstep of the gop chairman in one of the major battleground states. this guy is the gop chairman. he will not believe what this letter says and how many others received the same thing. if someone messing with the bow down to florida? we will talk about coming out. plus, the father of navy seal tyrone woods killed in libya. he called in on his own with questions that he now has after meeting with president obama and secretary of state hillary clinton as his sons remains were transferred to andrews air force base. he was moved to speak out with

the news. the news about the real-time e-mails that were coming into the white house. as the sun was about to be murdered. today, we will speak to his father about what that conversation was like and we will play the exchange that he had with mr. woods. >> i am really sorry that your son died. he was totally insincere with his i'm sorry. it was like shaking hands with a dead fish. yeah. mm. some laxatives like dulcolax can cause cramps. but phillips' caplets don't. they have magnesium. for effective relief of occasional constipation. thanks. [ phillips' lady ] live the regular life. phillips'.

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megyn: epoxies extreme weather alert. east coast is now suddenly bracing for what could be the perfect storm, according to forecasters. a tropical winter hybrid that

forecasters say could bring damage to bit parts of the east coast. not to mention ruin halloween. we are talking gail force winds, flooding, brain, perhaps even snow all at once. hurricane sandy is now moving through the caribbean. it was originally forecasted to move out to see. but changes over the last 24 hours have it circling back towards the east coast and making landfall near new york city around halloween. just in time to meet up with a blast of cold air, and become a powerful nor'easter. do you remember this? we got snow, but the trees can handle at this early, they have the least on them. we will update you on this in just a bit. a few minutes ago we told you about this new interview that the president gave rolling stone

magazine. the executive editor reporting that he told the president that his six-year-old child supports president obama. the president reportedly told him in response that kids have good instincts. they look at the other guy and say that is a "bs-er." that is my own cleanup version. he goes onto say that he can tell. simon rosenberg, president and founder of think tank organization and former adviser to president clinton, and mark easton, a fellow at the cato institute. i know people talk like this about things behind closed doors. i am not dramatically from the president of the united states. this isn't battleship president, governor romney, and oh, he is a

"bs-er." he said that rolling stone magazine. is it appropriate, simon? >> i don't think it is any mystery that this is a brutal campaign, megyn. people are fighting hard for what they believe. i think this is normal and look at what barack obama has been called. he has been called a socialist, people have said he didn't have a birth certificate and wasn't born here, the attacks have been unprecedented in some ways. they have been said about him. this is a rough business these days, and i think that we are seeing it in the final days of the campaign. megyn: i think a lot of them will say bring it on. it's the presidency on the line.

>> he has a lot of people he needs to win over. i find it humorous that barack obama is accusing romney of being a "bs-er." this is the guy who said that ronnie wanted to bankrupt the industry. this is the guy that said that individual mandate wasn't a tax, but then the supreme court said it was. this is the guy who blamed benghazi on the youtube video when he knew it wasn't, so it's a little bit rich to be using the term "bs-er" when it comes to mitt romney. but it gets to a deeper problem. in 2008, he said he don't have a record to run on, you paint your opponent is someone to run from. that's basically what he's doing in this campaign. he had a choice going into these debates. if you look at the fox news poll, they recently found about a quarter of the american people who are headed in the wrong direction. many think that policies need to change. many obama supporters don't want another four years like the last four years. he could lay out the agenda and

explain how the next four years would be different from the last, or he could try to be like mitt romney. someone wanted to kill a woman, and all the west, and the problem is, you have played it. mitt romney has grabbed that change. obama is left with a resentment. megyn: you try to explain to six-year-old about this. [laughter] we talked with chris stirewalt about this. losing campaigns have a certain feel to them. you agree that is what the president is doing? you agree that is true? >> well, i want to say first of all, if you look at the polling is just in the last 24 hours,

showing movement towards obama. the polls are moving towards obama. i don't think democrats are losing right now. [talking over each other] [talking over each other] >> no, no, he showed obama picking up a point today. megyn: not in the critical swing states. >> we don't think we're losing this election. i think democrats feel like this thing is very close and that we are ahead and have some numbers. >> i get that. >> i don't think barack obama has been overly negative. i think he has been tough and strong and has taken it to mitt romney in a way that he is expected to do in a hotly contested election. it is amazing to me that people on fox news and people watching the show can complain about barack obama being too tough and too strong. that is politics. megyn: i get back.

reason and part of the reason, about him being a "bs-er" and he has "rom-nesia" is that we have a different promise from this president and we have talked about it before. here he was was in 2009 come, and listen to his message and then. >> we have to get to the point where we can have a conversation about important issues that matter to the american people without vitriol and without name-calling and without the assumption of the worse in other people's motives. >> exactly. that is backfiring on him. in the last presidential debate, mitt romney looked presidential and serious and obama was making cracks about we have these things called aircraft carriers. diplomacy, and he looked condescending and negative. just this week, barack obama suddenly put out a booklet with

his second term agenda in it, which is nothing more than a bunch of prepackaged talking points with a scrap together the last minute. they understand that they have made a strategic error. that when mitt romney said the president attacking is not an agenda, and so what they have done is they are trying to scramble and say yes, we do have an agenda, but they don't have a second term agenda. obama has not explained to the american people. he keeps saying forward. it means in the same direction. americans don't want to go into the same direction as that. this is the fundamental part of the election. >> i like your new hairstyle. >> it was a little bit of an accident, so i appreciate it. [laughter] megyn: thank you guys for being here. coming up, talk about a nasty campaign. the son of the wisconsin state

senator said he was bloodied and bruised over a campaign sign. look at this kid. now, he is speaking out. also ahead, see how a new tv movie about the killing of bin laden has reportedly been reedited to boost the president's role. remember when you said men are superior drivers? yeah. yeah. then how'd i get this... [ voice of dennis ] ...allstate safe driving bonus check? what is that? so weird, right? my agent, tom, said... [ voice of dennis ] ...only allstate sends you a bonus check for every six months you're accident-free... ...but i'm a woman. maybe it's a misprint. does it look like a misprint? ok. what i was trying... a misprint. [ voice of dennis ] silence. ♪ ask an allstate agent about the safe driving bonus check. are you in good hands?

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megyn: we are getting new details today about a new tv movie focus on the killing of osama bin laden. it is scheduled to sit tv just two days before election day. it has been reedited to re-boost the president's profile. trace gallagher is live in has more. reporter: harvey weinstein bought the stone for $2.5 million at the time. a huge supporter of president obama. this, by the way, is not the same film as the one before.

it has been recut to beef up the president's role. adding more news and documentary footage from behind the scenes. here's a quick sample. >> the president of the united states. we need to get a green light now. >> by the way, the new behind-the-scenes footage was gathered by a producer for the michael moore film fahrenheit 9/11, that's the anti-bush movie that was work -- backed by harvey weinstein. the filmmakers say the recut version will give some more insight into the presidents rule into killing bin laden. a man named john stockwell who also did top gun several years ago said the changes were not at all politically motivated. he was asked why 2007 footage of mitt romney was put into the

film. he said, and i'm quoting here, we were trying to use news footage to give some context as to who was in favor and who is against the raid. national geographic cut out the running part, saying that it was inappropriate and out of context. as to why this film is airing from a couple days before the election, they say simply because they were trying to promote their fall schedule. by the way, it premieres on netflix the day after it airs on national geographic. megyn: we are taking your thoughts on that. thank you so much. we think about that? there is a movie out there that doesn't reflect very well on president obama right now. this one apparently does. we have some new swing state polling from rasmussen reports as election day nears. and we will have stock your life. you heard what simon was saying about the polls. but wait until you hear the rest of the story.

plus, we will speak with the executive editor of real clear politics.com we will talk about the candidates rode to victory. the obstacles potentially in their way. forecasters warning of a perfect storm as hurricane sandy becomes a monster. millions of americans are in the path and janice dean will join us with the very latest. and incredible comments on the father of one of the american navy seals killed in benghazi, libya. why he has decided to speak out now instead of keeping quiet for so long. and what he is saying about meeting with the president and the secretary of state the day his son's body came home. >> this is what hillary did. she came over and she did the same thing. you know, she separately came over and i gave her a hug and shook her hand. and she did not appear to be one bit sincere at all.

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additional hearings will follow. it will look into the response from the effort to find a terrorist responsible, and whether there is adequate security of other u.s. government facilities in the region. the father of one of those four americans killed is speaking out. he is saying that he was moved by the news that you hear right here on "america live" and fox news this week. about how the white house and top state department officials and department of defense officials knew in real time that americans were under attack in libya. the father of tyrone woods calling into the lars larson radio show, telling a remarkable story about meeting secretary of state clinton after his son was killed. he was in benghazi when the consulate was attacked. he was stationed in an annex about a mile away. he escaped only to be found

nearly six hours later, back to the at the annex, and that is where he was killed by mortar fire. this is the aftermath of that attack. on september 14, the bodies of chris stevens and two others were returned home. their coffins were met at andrews air force base and that is where we pick up the story of tyrone woods father. he was there as well. he recounted to the president and secretary of state. here is part of his interview. >> when he came over to our little area, you know, i could tell that he just mumbled that he was sorry. his face was looking at me. his eyes were looking over my shoulder like you could not look me in the eye. it was not a sincere i am really sorry that your son died.

he was totally insincere with the i'm sorry. it was like shaking hands with a dead fish. you know, it just didn't feel right. now it is coming out but apparently the white house situation room was watching our people die as this was happening. when i heard that this morning, this is something i was really upset with. i hope that the country does not forget this. hillary came over and she did the same thing. she separately came over and i gave her a hug and shook her hand. she did not appear to be one bit sincere at all. you know, she mentioned that thing about we are going to have that person arrested and prosecuted.

that was the first time i had even heard about anything like that. and apparently, even the state department had a live stream and was aware of the calls for help. he was at a statehouse about a mile away. he got the call. he knew and he heard them crying for help. that is why he and glenn risked their lives to go that extra mile just to take care of the situation. i am sure that he wasn't the only one that received that distress call, come save our lives. you know, i am sure that other people in the military and the state department, and six more days he would've been home. you know, it's not a manner of honoring him. were anyone else. it's not a matter of being mad at anyone either.

but just what is coming out right now, the whole feeling that i got about this -- were not being told the truth. something fishy about what happened over there -- it just doesn't matter. now, this information coming out about this, videos being live stream, calls for help. we need to make sure that this does not happen again. so the people who are out there the men and women now, those that are willing to sacrifice their lives, that they won't be abandoned by the commander in chief. megyn: lars larson joins us now. he is host of his radio show. also a frequent guest of this program. you are doing your radio show. he just called in, he was not a

scheduled guest. he felt the need to speak out in the wake of the news broke this week. tell us about it. >> i am based in portland, oregon, where my studios are. there is a connection of tyrone woods to this area. he was just -- it took my breath away when i realized who i was talking to. of course, we did that fact checks to make sure that we really were talking to charles woods. but if you notice him he's not angry about this, but just more puzzled than anything else. why the white house sit there and watch a live video feed. the receiving e-mails that we now know about six weeks later, that said this was an organized terrorist attack. and we had an hour's flight away in italy, it could've been could have been sent in by the military, not have them feeling that the military would've been straining at the leash to say let's go help save our americans to do what they can do, even if it's late in the game, and

nothing was done. megan, you and fox are the only let's talk about it in the country. the major networks are spending almost no time on this. the e-mails in and the live video feed. we have the scandal of an american president whose people, i don't know if he personally sat there and watch that watched that video, but his people sat there and watched as this happened and they did nothing. they did not even try to call in the assets that were available. if anything, this is at 3:00 a.m. phone call that hillary clinton needs to talk about when you get the call and something bad is happening. who is going to make the decision? i don't know if he was involved directly or not, but nothing was done. a lot of people died. megyn: i will say that general keane was on and he said i am not going to second-guess the military on something like this. it doesn't work like it works in the movies.

there might have been all sorts of reasons. civilians watching on the ground and so forth. but you can understand the grief of the father. [talking over each other] megyn: we had not been told what went through the minds. since we have learned that they watched it unfold in real-time -- >> megyn, i don't disagree with you on that. but i have a feeling this wasn't a military decision. i bet this was a political decision. a man who wants to win the presidency. if he has to throw military assets into libya, it makes libya look like a train wreck that was. >> you can't really say that the president is going to watch her people be massacred because, you know, politics at the moment. is that what you're suggesting? >> i am simply posing the question that i wish the mainstream media was pounding on president obama as much as they come in on bush about the

decision to go into iraq years ago and say, was this the right decision? as president obama. were you involved in the decision. were you ask. should we send help. if you want, okay. but why wasn't the president consulted and asked. we have an embassy under attack. we have assets we can send. should we send them. him. if he was uninvolved from the question would be, why wasn't the president notified and involved and asked what he wants do you want us to do. you are the man that makes decision and where does the buck stop. megyn: so far the white house has declined to comment on that particular piece of history. i want to ask you about a piece of news that mr. charles woods made in the interview. he said that hillary clinton pulled him aside at that ceremony for his son and said that we will have that filmmaker arrested. that was the friday after the

tuesday that the men were killed. susan rice was on the talk shows saying that was all about video. and now you have hillary clinton saying directly to him, we are going to have that filmmaker arrested, even though we know from these cables that we saw this week that she was told as it was happening, moments after him and that this islamic jihad group was claiming responsibility for it, and she knew that 20 guys with weapons, including rpg's and other weapons were bombing the consulate and unleashing hell. >> megyn, this is why it was a political decision. it was 13 days later that the filmmaker was arrested and we know that the film had nothing to do with this particular attack on this consulate. now, you say, well, he probably did violate his federal parole. you are a lawyer. i talked to some people in and

federal law enforcement who say there are lots of those who can be found guilty of probation and parole. and taken into custody. i think this was a political decision. they went after this guy because they wanted to blame the incident on him, even though they knew by that time it wasn't the video that did it. but if they took this action, it would divert the media and the people on the other side into believing that the united states was acting against the filmmaker megyn: it's very interesting to hear that the secretary of state was trying to comfort him by saying that we would have him arrested. lars, thank you for sharing that with us. >> no problem. thank you he wanted dramatic news on governor romney sport with women. we will look at what means. and hundreds of letters winning in mailboxes like this,

suggesting people getting them may be ineligible to vote. up next, the gop chair explains why the fbi is now involved with someone messing with the vote [ male announcer ] humana and walmart have teamed up

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or go twalmart.com forails. megyn: the fbi is now touring the investigation into what looks like a big case of trying to prevent folks from voting. in the critical swing state of florida. it looks that most of those people are republicans. the letters claim to be from the county county board of elections and look very official, except with the seattle postmark. so far, letters have been reported in 23 florida counties, even the chairman of the state republican party got one. lenny curry is the republican party chair. this is pretty stunning. these letters say to you may not be able to vote because you may not be eligible and they are trying to stop people from showing up at the polls. how many folks copies?

>> well, they don't appear to be very widespread at this stage. i was actually traveling this week. i began hearing that donors were getting them and some elected officials. i got back into my hometown, jacksonville, just for a short period of time. went to my business office, which i spend very little time out these days, and had one of these letters. the irony is i am not registered to vote were this letter arrived. that is not where my voter registration is. we don't know how widespread this is, but it is wrong and people need to realize that any letter that is trying to this discriminated -- well, the first round -- the first round of folks that reported this in the various counties were republicans. in fact, they were republican donors and elected officials, and i did get news last night

that some democrats have received a letter as well. we don't know how widespread it is. we don't really know the strategy because a voter or a donor when activists is going to be smart enough to know that it is not valid. the concern is that this is widespread and this may scare and intimidate some people. megyn: that's right. do not listen to one of these letters no matter what your policy affiliation is. some people need to check it very carefully. is this voter fraud? the fbi is involved now. this is the last two weeks of the election. we see all kinds of stuff. but whatever stuff is putting us off, i don't know how to get up in the morning and look at themselves in the mirror went to bed at night. it is wrong and it is illegal. megyn: we heard that the u.n. was getting involved to monitor elections on election day. you have people over in pakistan

coming over to monitor the election. are you interested in getting the u.n. group to help you in even the state of florida? >> i don't think we need the un's help. anybody that wants to observe what were up here doing, come to florida, are 67 supervisors of elected officials will be there on election day. megyn: thank you so much, it's always a pleasure. new polls show scott rasmussen detailing each candidate in their path to victory and what stands in the way. in just the last 48 hours, storm models changing. it could leave millions of americans without power. the latest on what some are saying the perfect storm

megyn: the east coast is bracing for a "frankenstorm." hurricane sandy slamming the caribbean. it is expected to morph into a powerful winter highbred that could devastate parts of the east coast from florida to maine. rick is tracking the storm from the fox news extreme weather center. what am i keep in mind this is a rainstorm and not a snowstorm. but this is what it is right now. it is hurricane sandy sandy. in the short-term, we are going to be dealing with big impacts across the east coast. tropical storm warnings in effect. went for much of the day tomorrow. three to 5 inches of rain here. then we start to see the focus

moving toward the mid-atlantic states. big impacts all across the cozier for a very rough surf. very strong winds and waves. probably some really good rain across the outer banks. then we start to go into monday and tuesday and we are talking about a hybrid storm. i say that because it starts to lose its tropical characteristics, which means the strongest winds are at the center and it begins to become extratropical. much bigger area, seeing very strong winds. taking a look at the two different models we are looking at. one of them that we like is the gfs model right there. the center of the storm. right around long island and new york city. the other model that we also like is monday afternoon, somewhere here around the peninsula. either way, keep in mind how many people are here. from washington dc to philadelphia and new york, this entire area of dealing with this. back in 1991, we have the perfect storm.

this is a similar kind of storm, only likely is a stronger storm. likely to have more population as well in these areas. megyn: make you, rick. an unbelievable thing happened on fox business today. it turns out that don imus has a heart. we will explain next. and we will look at how mitt romney has posted huge gains with women and we will debate the growing controversy over whether the u.s. military could have made a difference in the terrorist attack that killed the four americans at the consulate in benghazi. that is coming up next. >> he comes here and get ambassador stevens and brings him an sean smith to this room and the safe haven. really, aside from medicine and other supplies from a big dark window was clouded. then outside, a locked gate. attackers come in here and they ransacked the place and then

they went for the locked gates. a look inside and they can't see anything. then they tried a lot. they can open it up. inside, the agent has a gun. ready to shoot if need be

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[♪...] megyn megyn: a fox news alert election alert. brand-new hour of "america live" welcome, everyone with i'm megyn kelly. with just days to gene the race neck and neck the candidates are on a final sprint across the final states to decide who will win the white house in 2012. rasmussen reports released several new swing state polls. the first show romney is holding a slight lead in the state of virginia with 50% compared to the president's 48%. romney is leading the president by 2 points in new hampshire. that's a critical swing state.

with 5% to bowel' -- to obama's. in nevada. the president has a slight lead. these show the race up for grabs. real clear politics.com is so full of information. let's talk about the latest polls. actually let me start with you, tom. mitt romney has a much more difficult path to the white house than president obama does because of electoral college math. the truth is he has to win florida, north carolina and virginia, right? >> absolutely. if romney wants a chance of winning the white house, especially if he doesn't win ohio he has to win all those states. megyn: scott, you have new

polling showing romney ahead in all three of those states, correct? >> yes, but there is a difference. in north carolina he's starting to feel comfortable. in florida the lead is a little bit bigger but it's not a place where they are convinced yet, and in virginia maybe a slight lead. it's only a couple points and this is a state that's still very close. mitt romney absolutely has to win those states if he wants any chance of winning the white house. megyn: we got word this week that team obama conceded the fight in north carolina and pulled out. not so with respect to florida and virginia. we just saw the president there. so romney needs to win those three states if he wants to get there. but then he has to win a whole lot more. the easiest way for him to winds up in the oval office is to win ohio on top of that. >> right.

ohio is critical. it's the pivot point. but both campaigns have a path to the white house if they lose ohio. for romney if he loses ohio then he's got to win -- he's got to win wisconsin, colorado becomes a must-win for him and he has got to win either iowa -- meg require want to walk through that with you. the easiest way for romney to get those three states, florida, north carolina, virginia and ohio. what does the polling look like in ohio. i have yet to see a poll that puts romney ahead in that state. >> our latest numbers so it's dead even at 48-48. our previous polls showed barack obama with a slight edge. this is a state that he's been bombarded with electioner. he electioneering. a third of the voters have already cast their votes. i don't think republicans are as

optimistic about ohio as they are are about other states including wisconsin. megyn: if romney doesn't win ohio he has a more difficult path to the white house. but if he can win in colorado, as well as new hampshire. if he can get those two states under his belt, colorado and new hampshire. >> if he doesn't win ohio he's definitely going to have to win colorado. and wisconsin becomes a must-win for him. megyn: wisconsin or -- if he wins colorado and new hampshir hampshire -- if he wins colorado and new hampshire he has to win wisconsin, or nevada plus iowa. is that true? >> i think that right. if he loses ohio it becomes difficult for him. he will have to win a lot of those swing states. there are five swing states left in that scenario and he will

have to win a majority of them. megyn: the polling shows him behind in wisconsin and nevada. >> nevada is the toughest of the states. wisconsin is the new ohio. it could be the decisive state this time around. barack obama has a slight lead. but you have got to remember he won the state by 14 points four years ago. there is a big difference between ohio and wisconsin in terms of the ground game. the relationship cans have a tremendous ground game in wisconsin because they had the recall effort. constant battles the last two years. there was not the early barrage of anti-romney ads. wisconsin is an uphill fight for the romney campaign but it becomes a decisive state if ohio goes for obama. megyn: if we see the race tied up in ohio, that's the easiest path for romney. no republican has won the wythe house without winning ohio. how significant is it romney has never led.

is there not one poll where he has led in ohio. by as a sage reporter points out the same was true of virginia until it changed. >> i think both campaigns think it's tied in ohio. that's why they are fighting it out there. he hasn't led and he hasn't led in any polls in wisconsin or nevada either. he is facing -- he's trying to break through in the midwestern fire wall obama set up. we have seen obama lose about 5 point nationally in a lot of swing states but in ohio he is denying gravity. he only lost 2.5 or 3 points. it's been a tough nut for the romney campaign to crack. megyn: final question, scott. simon rosenberg was on this program saying your polling is showing a momentum shift narrowing for romney in the last few days, true? >> the last couple weeks have

shown very little change. going into the first presidential debate barack obama was up couple points to nationally. ever since then mitt romney has been up a couple points. it has bounced around from there. but essentially the race has been unchanged since that first presidential debate on a national level. the states have been swinging with the national trend except in ohio. megyn: it many crazy to watch. we want answers but we can't get them until november 6. guys, thank you so much. there are questions about the election and possible fallout, political fallout from the terror attack that killed four americans in libya on 9/11. daniel henninger says the white house's handling of the attack is opening a credibility gap.

e-mails show necessity knew within two howforts attack the islamists were claiming responsibility 40s attack. this start sad big debate over whether our military should have been ordered to do more during the assault on our consulate. here is a look at some of our fox news special investigation object how the events unfolded that tragic night. >> september 11, 9:00 p.m., the safe haven is black with thick smoke and fumes. ambassador stevens, sean smith and david huban move to another room. they try to open a window but it doesn't open. there is too much smoke. they decide to leave the safe haven and take their chances with the armed attackers who

have taken over the u.s.' compound. megyn: it did not work out for two out of those three men. we'll walk you through the entire time line. we'll show you more of gregg palkot's incredible reporting. the room in which these guys were trying to wait it out to get backup and none would come is disturbingly small. you can imagine what they went through with the smoke as these militants set the consulate on fire. we'll ask our panel if the military response was too little too late and why. if that's the case why would that be in who would have been in charge? there have been strong opinions on both sides and two military experts with different opinions will weigh in on what if anything could or should have been done. what do you get when you mix a hurricane and a winter storm? the east coast could be finding out soon. and the warnings about a perfect storm increasing now. the impact this could have on all of us on the east coast.

the once massive gender gap in the race for the white house has all but disappeared according to latest polling. we'll look at why and what that could mean on election day next. in america tay we're running out of a vital resource we need

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megyn: brand-new developments in a battle for a key voting bloc. a month ago president obama was in the lead big time when it came to women voters and there was lots of talk of a gender gap. governor romney however seems to have turned things around. latest poll putting nominees dead even among women. tide with 47% apiece. each man having 47% of the female vote. that's a far cry from the 16-point lead the president enjoyed a few weeks back.

how did it happen and what does it mean? ladies, welcome. barack obama needs the women because at least in the weeks and months leading up to this election he has struggled with the men an has had a nice gender gap with the women. the women have put him over the edge. team obama needs those women. the question is whether we are to believe these polls, julie. we saw one from gallup and we saw one from another organization that say mitt romney entirely closed the gap but the obama campaign is calling it into question. >> romney has a tremendous advantage with men, that has been closed. obama had a tremendous gap with women. you have seen the race tighten overall. you can't write off 50% of the population and say the race has

tightened. obviously these polls are reflective of where we are today. obama has closed the gap with men and romney closed the gap with women. women are not the monolith they are fighting over. it seems they are fighting over the so-called waitress mom. the high school graduates white women, people without a college degree who seem to be reflective of this demographic they are both fighting over, whoever gets this demographic it seems to me will win the female vote. megyn: what was interesting to me in these polls is even though the women in the latest polls seem to be much more with barack obama on social issues, women's issues when it comes to reproductive rights. they were much more with mitt romney on the economy. he turned what was an advantage that president obama had on the economy, it was a 16-points

advantage women were giving obama on the economy. it was a 20-point swing to romney's favor and that narrowed the gap. >> that right. concerned women for america did a poll two weeks ago and founding the number one issue for women were jobs and the economy. by 79%. you are seeing a tightening of the race because women are not monolithic. we believe in a host of issues on the life issue and marriage. but the number one issue on people's minds is jobs. about 5.5 million women, fewer women have jobs than they had four years ago. they know what's happening to the economy. they care about the debt, they care about their children's future. it played into what you have seen in these polls. megyn: on social issues the democrats continue to pound those and urge women they don't think the republican party is with them on reproductive rights

in particular. the senate candidate out in indiana, this mourdock guy saying if a woman gets pregnant by a rate' part of god's plan. then the democrat in the race backed the definition of forcible rape which made him controversial. neither one is pro-choice. but the democrats are not giving up on this issue. >> if it you can on a more an political hat. mitt romney has to play the mourdock case very carefully because he has endorsed him. he cut an ad for him. megyn: but he disavowed the comments. >> i think he should be more forceful. not as a democrat, i'm saying this as somebody if romney wants to maintain that he's a friend to women and will be on the side of women. not forcibly disavowing and pulling his endorsement ad down.

that this is all god's plan so live with it. again, this is not a partisan aspect on my part. if i were advising romney, i would say to him, this is the kinds of stuff that can trip you up with women. megyn: but romney supports abortion in the case of rape or insist. he does not -- rape or incest. he does not feel the same. >> . this administration has treated women as if we vote on our ovaries. the discussion with mourdock was a theological discussion. a bad idea to have on the campaign stump. the bottom line is mourdock is pro life. he believes life begins at conception and so do i. mitt romney believes there should be rape and incest exceptions, he said that. people who were with mourdock

will vote for him and at the end of the day i don't think this issue has any bearing on the outcome of the election. women care about the whole picture. they care about the economy, national security. we don't just think with our lady parts. we think with our brains and we'll vote with our brains. thank you both so much. see you soon. extreme weather warning as hurricane sandy sets its sights on the east coast. up next the fears that this could combine with a separate system and turn into the perfect storm. and the number of americans who may be affected by this. stay tuned. also, coming up, don imus reveals a shocking secret. he has a whole lot of heart. we'll show you what happened when my husband and i showed up on the imus show to discuss doug's new book. i promise there are no dull

moments. the thing that shocked me about the book. when you hear doug talk about it, when they do what they are designed to do. the incentives that drive them. you do spa split screen of me saying here, strippers, drugs and they are married.

megyn: meteorologist janice dean tells us hurricane sandy could turn into the next perfect storm. it's on course to hit the united states next week. it already turned deadly. our script said frankenstorm.

that didn't sound good. we saw one of those storms in 1991. an unlikely set of circumstances could turn sandy into the case scenario. >> reporter: this is from noaa. it says we don't have many modern precedents for what the models are suggesting. there have been comparisons to the perfect storm in 1991 called the halloween nor'easter. it hit october 28 and lasted until november 4. that's the time frame of this storm. it spawned average waves of 50 feet. in some places 100 feet. that's when the andrea gail sunk inspiring the movie called "the perfect storm."

i want you to notice this. the perfect storm in '91 you had a nor'easter from the north and hurricane grace from the south. now you have arctic air coming down. hurricane sandy coming up, and the freak snowstorm that hit the last couple days. you also have a full moon that will raise the tide. $200 million in damage caused about it perfect storm. they are expecting this storm if it hits the way they believe, to cause more than $1 billion in damage. it could leave the lights and power out until well past the election in the most populated coastal area in the united states. megyn: goodness. what a frankenstorm it is. thank you. sometimes they are wrong. sometimes these things take a turn. we'll keep watching it. there is a growing debate over

whether the united states could have pursued. should have pursued another military option. as administration officials learned of the consulate attack in libya and terrorists were murdering four americans. could the military have made a difference that tragic night? up next, two experienced military analysts with different views weigh in and we'll take you inside the consulate and show you exactly what happened that night. >> for the united states military to say that they were 480 miles away and they couldn't do anything and they couldn't move one aircraft in eight hours. i would say it's time to relieve a lot of people in the chain of command. but i just don't believe that. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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megyn: there is a growing and fierce debate over whether the united states could have pursued any military options as administration officials watched the attack on our consulate unfold in realtime, ending in the murder of four americans. we want to show you a time line of the deadly assault from our fox news special investigation. bret baier hosted this special. this particular piece has not gotten a lot of pickup. but gregg palkot went into the compound and walked us through what happened on that night. listen. >> september 11 around 10:00 p.m. the entire safe haven which takes up part of the first floor

of the plain residence is black with thick smoke and fumes. ambassador stevens moves into the bathroom which has a window. they try to out about it doesn't help. there is too much smoke. they drop to the floor trying to get air. but even down there they can't breathe. they decide to leave the safe haven and take their chances with the armed attackers. they find another window grill they can open. this is the window special agent uban opens. but smith and stevens don't crawl out after him. he goes back in several times, he can't find them and he is overcome with smoke. he struggles up a small ladder to the top of the building and radios other agents.

he moves to the small residence and gets the two agents hold up there out. the three get into an armored vehicle and drive a short distance to the large residence. they crawl into the residence on their hands and knees feeling their way through the building to try to find their two colleagues. they finds smith, they pull him out of the building. he's dead. the crack site security team is gone, but a small units of scierts at at an next the an ne away. the libyan forces say they can no longer hold the perimeter. the american agents holding smith's body pile into an armored vehicle. the crowd fires upon them and throws two grenades under their

vehicle. they take direct fire. despite two flat tires and heavy damage to their vehicle they keep rolling. they hit heavy traffic. the today careens over the middle divider. pushes forward and finally makes its to the annex and hope for safety. sometime after mid might back at the mission, looters enter the building and find the body of stevens slumped on the floor. though they don't know who he is, they drag him out through a window. his eyes are dazed, seemingly lifeless. when someone says he's breathing the crowd cheered allah akbar, god is great. they take him to the hospital. they try to resuscitate him but he dies of severe asphyxiation.

those inside are forced to retreat to a building farther back in the annex compound. a team of reinforcements arrive from the tripoli. around 4:00 a.m. this annex compounds is hit by another wave of attacks. it's described as planned and precise. mortar fire turns out to be dangerous and deadly. killed in that attack, two security personnel. glenn doherty, 42, and tyrone woods, 41. both former navy seals. badly injured, special agent david uban who struggled valiantly to save the lights of woods and smith, the annex a base of operations for sensitive intelligence work is secured and a decision is made to evacuate

the whole enterprise. megyn: not you question about whether the military could have done more and we are getting breaking news on that right now. i want to introduce our panel. ralph peters a fox news strategic analyst and general tom mark iny. the breaking news is coming in from leon panetta when asked why the military did not do more mr. panetta says the not to deploy troops into harm's way unless there is a clear picture of what they were facing and there was not a clear picture in benghazi. and it was over before they could move. let me start with you on that, general mcinerny. >> it's a nice answer but it doesn't help ambassador stevens and three others. they could have put assets,

f-16s is the only thing that could have possibly saved the two special forces -- former special forces troops. but i believe f-16s launched could have gotten down there. overflown. overflying. they have forward-looking infrared systems. their presence could have stopped that mortar attack. not 100% sure. but it could have inhibited it. i'm greatly impressed with secretary panetta because he gave the execute order on usama bin laden and led that but i'm not satisfied with that kind of answer. megyn: ralph, general jack keane was on the program yesterday saying i have a tendency not to second guess our military decisions in these times of situations. the secretary of defense is respect by both sides of the aisle it's an uncomfortable spot

to be criticizing military decisions after the fact from the comfort our studios. >> the white house is delighted that we are arguing about what the military could or could not have done instead of talking about what the white house and state department clearly did not do. i agree with general mcinerney, by scrambling f-16s, might have been able to bluff our way into the afterburners going in low making a lot of noise into back off the terrorists attacking the compound around 4:00 a.m. there was a chance. but -- i'm willing to criticize this white house when they deserve it. but the military option just wasn't there. you could not have in my view have gotten special operators effective i on the ground and at that compounds before well into daylight. megyn: even though there was a

7-hour delay between that first attack on the ambassador's does that and where they found up at the annex. >> the first thing you have to do is get the special operators from italy. you don't parachute into the streets after densely populated city. you lands at the airfield. either they bring their own vehicles which means more time and aircraft, or you have to have vehicles on the ground. the contingent that did deploy from tripoli to benghazi were stuck at the airport because there were no vehicles. it's easy to picture a hollywood movie where the military rushes to the rescue. but the fundamental problem is there wasn't adequate security on the ground in benghazi and tripoli. megyn: it's one thing to try to scramble to get reinforcement when you are under attack. and it's another to have the folks at the consulate begging

to keep what they had, instead of having it reduced, then end up as sitting ducks. >> the real fault starts with the commander-in-chief. the secretary of state hillary clinton the deck terry of defense. d the secretary of defense. through the the world it was in tripoli and benghazi. i believe they are culpable for those acts they did not take action on. so now to ask the military to bail it out, at the very last minute, ralph is correct. there really wasn't time. special ops do great work but they also plan very methodically. i believe it starts at the top. there is an attitude that this narrative that the war against radical islam, al qaeda and ansar al-sharia is over, and i killed bin laden. it's not over.

those are the important things that showed why the military wasn't able to adequately respond. megyn: hindsight 20-20. >> our military wants to help. they rely on the commander-in-chief to give the green light. powers delegated to the secretary of defense other regional commander. but it doesn't happen instantaneously. even a dedicated general would have wanted enough information to know what he was getting into. i heard talk about ac-130 gunships being scrambled to go over. you are not going to use fast-moving f-16s doing bombing runs in downtown benghazi or an ac-130 gunship in a residential neighborhood. we have to calm down, be realistic. focus on the core of the problem. the trail leads not to our military. the trail leads to the state department and ultimately to the

oval office. megyn: guys, thank you so much. it's a pleasure to speak with you as always. tune into fox news this weekend for a special investigation. this special includes bret's exclusive interview with the head of the u.s. embassy's site security team and gregg palkot reporting from the consulate. he updated it from what was aired last weekend. you will want to take a look at that this weekend. a montana man cleared after gunning count unarmed husband of the woman he was apparently having an affair with. the guy is having an affair. the husband, the guy who is getting cheated on comes over to confront him and the husband gets blown away. the guy who shot him, free pass. why? that's next in "kelly's court." all energy development comes with some risk,

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megyn: "kelly's court" is back in session. an unarmds man shot to death while trying to confronts the man he says was having an affair with his wife. the guy who did the shooting, who was having the affair is going to get away with it. it happened in montana, police say he went to 24-year-old bryce harper's house to confronts him. bryce was having the affair and bryce is the one who gunned down gregenberg. they get into a confrontation. bryce shoots the guy down. the guy complaining about the affair is unarmed. why? because of the stand your grounds law or the castle doctrine in montana. joining me to discuss it mark eiglarsh and mercedes colwin. the guy who did the shooting is in his own garage. but he's also the guy having an

affair with the other guy's wife. other guy comes over to confronts him. you are having an affair with my wife. he has no gun. he's ticked. he winds up getting shot dead. he has no weapon on him and there are no charges? >> it's murder. meanwhile, here is the scenario. the wife is driving around with the lover. she drops the lover off and says to the lover. my husband is following us. be careful, go inside. lock your doors. close the garage because he's following us. you know what he does? he leaves the garage open. the his comes in, like every rational human being would have done, confronts the lover and what does the lover do? he runs in and gets a gun and shoots the husband dead. how is that not murder? how is that not premeditated. i stood my ground. if i believe someone is going unlawfully enter into my home i can use lethal force?

it's different here. he knew he was being followed. he knew he was going to be confronted. why this man didn't close the doors, close the garage like any other human being would have done. megyn: the law is written very broadly. the one in montana is written very broadly. you can kill someone to prevent their unlawful entry into your home. >> this wasn't a girl scout who entered a garage and said do you want some cookies, mister. this is a guy who had argued with the shooter several times in the past. what else can he expect when he comes into his garage, other than a physical confrontation. megyn: mark, does it matter that he came into the garage? it's not like the affair guy was in his bedroom. a place where you clearly have

that expectation. in his garage. >> the law is very clear. there is no exclusion for garage. it says your home. the garage is parts of your home. and you are allowed to use deadly force if number one to terminate the even lawful entry into the home, and number two, if you reasonably fear not just great bodily harm, but simply an assault. so he had every reason to believe an assault. these are legal arguments i'm making. factually i think both of them need to learn their ego is not their amigo. megyn: he's dead now because he wanted to confront the man who was having an affair with his wife. >> isn't that outrageous? i feel so outraged over this case. i feel the same way you do. this is outrageous. change the law then because something has to differ here.

especially under these circumstances. if someone is breaking in, brandishing a gun. if the husband is saying you are messing with my wife and i'm going to come after you, shoot them dead. megyn: the law seems to be saying you can't have a confrontation. you can't confront somebody who is having an affair with your spouse. if it's anywhere on their property can't do it. >> it's that clear. if mercedes is calling for a change in the law she is conceding under the current law you cannot go on to $one's property. >> i didn't write the law. that's the lay, megyn. in montana right now. >> it's the interpretation of the law. some of these castle laws don't

stick. megyn: let me ask you this, mercedes. it has to be to prevent or terminate other person's unlawful entry. normally it's not considered an unlawful entry news posted a sign saying no soliciting. you are not unlawfully on someone's property just because you walk in uninvited. if i go into my neighbor's garage to say can i borrow that shovel. unless he says get out you are not welcome here. >> this guy was welcome? >> that garage door was open. he kept it -- he was still standing in the garage. you don't think there is some sort of baiting going on? the on person who would know about it is dead. >> there is no baiting exception. you can't go into someone's

garage, that's part of their house. megyn: see you soon. we are taking your thoughts on out on twitter. coming up, serious liberty concerns. one u.s. school mixes hall monitors with big brother surveillance.

megyn: some serious liberty concerns in texas as one school district mixes hall monitors with big brother-style surveillance tracking students' every move. >> reporter: the north side independent school district implement these pilot project. a middle school and high school with the lowest attendance numbers in the district and officials say they are seeing results. a 3%ing crease in attendance

numbers. a 3% increase. this radio frequency chip inside a student i.d. allows school administrators to locate students while inside the building. they cannot work outside of the school and it's a comfort to some parents and did we talked to. >> a lot of jobs you have to wear an i.d. to go to work. i don't see anything different on the students wearing it. >> i think it's less pressure. they are not skipping like they already know they know where they are at. >> reporter: but the system does have its critics like the aclu saying this is not necessary in our nation's public schools. the group is afraid the system might be hacked or a consumer could buy their own microchip tracking equipment and use it to follow kids.

>> reporter: radio frequency identification is created to track consumer goods. now it's being used to track students sat school. if we want to come up with technology that's appropriate for schools i think we can -- maybe we need to look somewhere else. >> reporter: other school districts are look at implementing similar technology in their schools, megyn. megyn: casey, thank you. a fox news alert on something we noticed in kk. as we were talking to mark eiglarsh we saw ugly skies and the waves behind him. hurricane sandy is starting to reach the tip of florida. [ male announcer ] eligible for medicare?

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>>megyn: imus taking a liking to my husband's book, we discussed it with imus this morning, including the acknowledgments. >>imus: i read something like this and megyn and i are